Family asylum and family reunification

Family asylum

The following are regarded as family members for the purposes of family asylum:

spouses and registered partners,

minor, unmarried children,

the parents of minor, unmarried persons for the purpose of care and custody,

other adults who have personal custody of minor, unmarried persons,

the minor, unmarried siblings of minors.

A precondition applying to spouses is for a valid marriage to have already existed in the country of origin, for the asylum application to have been filed prior to or at the same time as that of the person entitled to protection, and at the latest promptly after entry into the country, and for the entitlement to protection not to have been revoked.

This arrangement applies to persons entitled to protection to whom refugee protection or entitlement to asylum has been granted or who have received subsidiary protection. Persons are ruled out with regard to whom a national ban on deportation was found to exist during the asylum procedure.

Born in Germany

When a child is born in Germany after the parents have filed an asylum application, under certain conditions, the legislature provides the possibility of a separate asylum procedure in order to protect the child. For the latter, the parents, at least one of which must still be undergoing the asylum procedure, or the immigration authority, inform the Federal Office of the birth. The asylum application is thus automatically regarded as having been filed in the interest of the newborn child. The parents can put forward their own reasons for asylum for their child. If they do not do so, the parents' reasons apply. Here too, appeals are available should the Federal Office reject the application.

Should the application be turned down, minor children will not be and may not be returned separately from their parents, also in the interest of child protection.

display as attention: Family reunification

As of 1 August 2018, family reunification from immediate family members to beneficiaries of subsidiary protection will once again be possible. However, this will be limited to a quota of 1,000 people per month.

Humanitarian reasons are crucial

The new regulation does not include a legal right to family reunification. The authorities are supposed to decide on humanitarian grounds who will be granted a residence permit. These include the duration of separation, the age of the children or serious illnesses and specific hazards in the country of origin. In addition, integration-related aspects must also be taken into account. Spouses, minor children and parents of minors can apply for family reunification. Siblings do not have any such rights. Family reunification will also be excluded for marriages entered during the flight process.

Exception for persons who pose a risk

The law does not grant family reunification to persons who are considered to pose a risk. Also excluded without exception are people who incite hatred against sections of the population, run a prohibited association or take part in violence in pursuit of political and religious goals.

Contingent temporarily transferable

If the quota of 1,000 persons is not used up in the initial phase, it can be carried over from one month to the following month during the first five months. This regulation is intended to counteract possible start-up difficulties.

Hervorhebung_Gesetzgebung: The legal basis

Family asylum is regulated in section 26 of the Asylum Act (AsylG).

The legal basis for the children of asylum applicants born in Germany can be found in sections 14 a and 43 subs. 3 sentence 1 of the Asylum Act.

Section 36 a of the Residence Act provides the legal basis for the new regulation on family reunification.